Florida Termination (with Discharge): What you need to know

Florida is an employment-at-will state. This means that, in general, either the employer or the employee may end the employment relationship at any time and for any reason. However, federal or state law, collective bargaining agreements, or individual employment contracts may place limitations on an otherwise employment-at-will relationship.

In addition, Florida has recognized several important exceptions to at-will employment.

For a Limited Time receive a FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with customized information for your industry, location, and job. Get Your Report Now!

As a general rule, if a federal, state, or local law grants employees the right to engage in an activity or to enjoy a benefit, employees should never be disciplined, discharged, or otherwise retaliated against for requesting or attempting to do so.

To list a few key examples, state law prohibits employers from discharging employees for engaging in the following activities:

Blacklisting. It is illegal for two or more people to work together to cause an employer to discharge any person (FL Stat. Sec. 448.045).

Child support withholding. An employer may not discharge an employee because the person is obliged to pay child support through income deduction (FL. Stat. Sec. 61.1301).

Domestic violence victims. Florida law requires both private and public employers with 50 or more employees to permit an employee to take up to 3 days off from work for a number of specific reasons in any 12-month period if the employee or an employee's family or household member is the victim of domestic or sexual violence.

Employers are prohibited from discharging, demoting, suspending, retaliating, or otherwise discriminating against an employee for exercising his or her right to take leave under the law (FL. Stat. Sec. 741.313).